Safe Deposit Bank v. County of Schuylkill

Supreme Court of Pennsylvania February 27, 1899

Safe Deposit Bank v. County of Schuylkill, 190 Pa. 188 (Pa. 1899)

42 A. 539; 1899 Pa. LEXIS 1004

Fell, Gbeesi, McCollum, Mitchell, Stekbktt

Opinion of the Court

Per Curiam,

There was no error in refusing defendant’s points for charge recited in the first, second and third specifications respectively, nor in refusing to enter judgment for the defendant non obstante veredicto on the question of law reserved and recited in the remaining specification.

In the opinion of the learned trial judge, discharging the rule for judgment non obstante veredicto, the controlling facts of the case are fully stated and need not' be repeated here; and the questions of law involved are so fully considered and so accurately decided by him that nothing can be profitably added to what he has there said. On his opinion, the .judgment is affirmed.

Reference

Full Case Name: Safe Deposit Bank of Pottsville v. the County of Schuylkill
Cited By: 6 cases
Status: Published
Syllabus: Practice — Common pleas — Party bound by theory on which he tries his case. When a ease has been tried, submitted and decided upon a certain theory, is is too late, on a motion for a new trial, to advance another which might have been, but was not, put forward at the trial. Publie officers — County commissioners — County treasurer — Loan to county. Where the county commissioners send their clerk with a county note to a bank for a loan, and the bank pays the proceeds of the note to the clerk, the payment will be presumed to have been made to the county, although the county treasurer never received the money nor gave a receipt therefor. Public officers — County indebtedness — Presumption—Act of April 20,1874. There is no presumption that officers of a county, acting under oath of office, have not, in increasing the; county’s indebtedness, made the statement required by Act of April 20. 1874, P. L. 65, sec. 2. Counties — Loans—Payment—Receipt—Act of March 81, 1860. Under the Act of March 31, 1860, P. L. 481, it is only the person who, or whose agent, has made a payment directly into the county treasury that is required to obtain a receipt under pain of having the payment go for nothing.